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Probate And Probate Litigation Representation You Can Rely On

Probate can feel like an extensive, complicated process, especially if the person died intestate (without a will). When a loved one passes away without a will, handling their affairs and finances can be a significant drain on the family, resulting in disputes over what the decedent would have wanted.

At Heuler, Wakeman, Solomon Law Group, P.L.L.C., in Tallahassee, our experienced legal team concentrates on helping our clients avoid cumbersome, costly probate processes and lawsuits. When your probate case needs to go to court, we will work tirelessly to represent you against creditors and other heirs in will contests and legal disputes, as well as in guardianship matters.

Are you seeking co-counsel for a litigated probate case? We can handle the litigation for you while you handle the civil case. Call us at 850-792-8496 to learn more.

An Attorney Can Navigate Probate For You

In Florida, there are two types of probate that are typically used: summary administration and formal administration. If the estate’s assets are $75,000 or less, or if it has been over two years since your family member passed away, summary administration can be used. Formal administration is for most other (and usually larger) estates. There is also a lesser-used process called “disposition of personal property without administration.” This is used when the person leaves only personal property and no other assets.

We will determine which type of probate is right in your situation. As your lawyers, we will also handle every part of the probate process on your behalf. It can be a lengthy process that is best managed by a lawyer with considerable probate experience.

Experienced Litigators For Your Probate Dispute

The raw emotions after the loss of a family member combined with the financial stakes can be a recipe for conflict. It’s important to maintain a level head and take actions that increase the likelihood of achieving an outcome that is in line with the law and – most importantly – your loved one’s wishes. Choosing the right attorney to represent you in a will contest or probate litigation is the first step.

Our team at Heuler, Wakeman, Solomon Law Group, P.L.L.C., combines for more than 60 years of probate litigation experience in Florida. We will act as your fierce advocate and compassionate counselor as you strive to protect your legal and financial interests and protect your loved one’s legacy.

Proven Representation For Probate Litigation And Will Contests

When a person dies with a last will and testament, their will is submitted for probate according to Florida law. Parties such as heirs and creditors are protected by the probate process, which outlines their rights and obligations. A review of the deceased’s will is part of the probate process and can result in challenges by parties who are not satisfied with its terms. Parties have the right to contest the will and this is often pursued by children and other heirs who dispute the will’s terms.

The challenge can occur for many reasons. Common reasons for challenging the terms of a will include:

Undue influence: Accusations that the person making the will did not do so freely and without coercion; these accusations are often leveled against siblings and other family members
Lack of testamentary capacity: Often going hand-in-hand with undue influence, this challenge would be made on grounds that the person making the will lacked the requisite mental ability to understand their estate, the terms of the will and the likely outcome
Mistakes in execution: Under Florida law, all requirements for a will to be valid must be met; even lacking one can invalidate the will
Breach of fiduciary duty: A perfectly valid will can still be handled improperly by an administrator who takes liberties with the estate’s assets, taking excessive fees, or simply making too many mistakes

Frequently Asked Questions On Probate

It is important to understand that Florida probate law can be complex. An experienced attorney can help ensure the process runs smoothly and according to legal requirements. Below, we answer the commonly asked questions.

How long does the probate process typically take in Florida?

The length of the Florida probate process depends on the size and complexity of the estate. On average, probate takes:

Six to 12 months for smaller estates with minimal assets
12 to 24 months or longer for larger or more complicated estates, especially those involving multiple beneficiaries or disputes

Several factors influence the timeline, including the accuracy of the estate inventory, the presence of debts and court schedules. Working with a knowledgeable Florida probate attorney can help prevent delays and ensure deadlines are met efficiently.

Do all assets have to go through probate in Florida?

Not all assets are subject to probate in Florida. Assets that avoid probate include:

Jointly owned property with rights of survivorship
Trust assets that are held in a living trust
Beneficiary-designated accounts, such as life insurance policies and retirement accounts
Small estates that meet Florida’s simplified probate procedures

Proper estate planning can reduce the need for probate, but an attorney can review your assets to determine which will require formal probate and which can transfer directly to heirs.

What is the time limit for contesting a will in Florida?

In Florida, the law sets specific deadlines for contesting a will. Generally, a will must be contested within:

Three months from the date of formal notice of probate
Two years from the date the will is admitted to probate in certain circumstances

Filing within these time limits is crucial to protect your rights. A Florida probate lawyer can help assess whether there are valid grounds for contesting a will and guide you through the process.

What are the legal requirements for a valid will in Florida?

For a will to be valid in Florida, it must meet specific legal requirements:

Be in writing and signed by the testator
Be witnessed by at least two individuals who sign in the presence of the testator
Clearly demonstrate the testator’s intent to distribute property upon death

Meeting these requirements helps ensure the will is legally enforceable. A qualified attorney can help draft or review a will to help prevent challenges and make sure it aligns with Florida law.

Trust Your Gut And Call Us Today

Your gut is not a substitute for a knowledgeable probate attorney, but it is fully capable of steering you in the right direction. If something seems “fishy” or “off” about your loved one’s will, chances are it is. Our attorneys have the skills, experience and resources to connect your gut feeling with Florida law and achieve a fair outcome in your probate litigation matter. Likewise, if you are an administrator, we can help you remain on the good side of Florida probate laws and resolve challenges effectively so you can wind down the estate and move on with your life. Contact us online today or by calling 850-792-8496 to schedule a consultation.